DOCUMENTS AND STATUS · 4 MIN
Conditional green card: removing conditions with I-751
In short
The 2-year card through marriage or investment, the 90-day window, and the 48-month extension.
Is your card conditional?
Look at your card or visa. It is conditional if it is valid for 2 years, and the category starts with CR (marriage) or is an investor category (EB-5). It is conditional if your marriage was less than 2 years old when you became a resident.
You have the same rights as other green card holders. But you must ask USCIS to remove the conditions, or you lose your status.
Marriage: Form I-751
1
Find the expiration date on your card.
2
File Form I-751 in the 90 days before that date. Not earlier, not later. USCIS has a calculator online.
3
File together with your spouse (a joint petition).
4
Send proof that the marriage is real and continues: joint lease or mortgage, joint bank accounts, insurance, children's birth certificates, photos over time, letters from friends.
5
The fee is $700 online or $750 on paper. Children who became conditional residents with you can usually be included on the same petition.
Divorced, widowed, or facing abuse? You can file alone with a waiver, at any time. Talk to a legal service. Victims of abuse do not pay this fee.
Investors: Form I-829
File Form I-829 in the 90 days before the second anniversary of becoming a resident. The fee is $3,750. Your attorney usually prepares it.
The receipt is your proof
USCIS mails a receipt notice that extends your card for 48 months beyond its expiration date. Carry the receipt with your expired card. Together they prove your status for work and travel.
After filing
Go to the biometrics appointment.
You may get an interview, especially for I-751.
Approval brings a 10-year card.
Citizenship
Time as a conditional resident counts toward citizenship. If married to a US citizen, you may apply after 3 years. See When can a green card holder apply for citizenship?
Common mistakes
Filing too early. USCIS returns it.
Missing the deadline. Your status can end. If you are late, file with a letter explaining why, right away.
Sending little proof. Send many kinds, from the whole 2 years.
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